Q: In the early 1980s I took out a mortgage for $36,000 for my house. Now they tell me I owe $273,000. Is this right?
If I don't pay the $273,000. they are going to foreclose and sell my house on June 8th. I went to file a Chapter 13 and the lawyer said I should not file because it looked to him that a $116,000 remortgage loan was not paid off when I remortgaged for $164,000. I filed with the Office of the Consumer Ombudsman who contacted the Loan Servicing company and they responded to me with a mobojumbo statement that doesn't make sense. I do no not want to loose my house, can you help me? I am 71 years old and live on Social Security.
Thank you.
A:
This makes no sense if you made payments and didn't borrow more money, but you've said you 'remortgaged' at least twice -- if you kept borrowing more money and didn't pay off the original loans, then yes, it is entirely possible you now owe hundreds of thousands more.
This forum is FAR too public (you shouldn't list phone numbers here!) to really get into this, but you DO need to actually hire a local attorney to review ALL the loan documents you signed, ANY 'releases' from the liens that may have been recorded over the years and THEN analyze what is going on.
Your first stop is the county register of deeds where you house is located. Get copies of EVERYTHING recorded on your property since you've bought it. The next stop is to look at your own records to see what you've paid on any outstanding loans. the THIRD stop is an attorney who can review the paperwork and discuss your situation with you. Without the first two steps, nobody will be able to help you.
Seek local help from a real estate lawyer ASAP but you need to do your 'homework' first. Get those documents!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.